LTB Order LTB-L-035504-23

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: F.N. v Jessica Leckie, 2023 ONLTB 44303 2023 ONLTB 44303 (CanLII) Date: 2023-06-08 File Number: LTB-L-035504-23-RV In the matter of: BASEMENT (C), 296 CHRISTINA STREET SOUTH SARNIA ON N7T2N5 Between: F.N. Landlord And Jessica Leckie Tenant Review Order F.N. (the 'Landlord') applied for an order to terminate the tenancy and evict Jessica Leckie (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy. This application was resolved by ex-parte order LTB-L-035504-23 issued on May 24, 2023. On June 8, 2023, the Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved. A preliminary review of the review request was completed without a hearing. Determinations: 1. On the basis of the submissions made in the request, I am not satisfied that there is a serious error in the order or that a serious error occurred in the proceedings or that the Tenant was not reasonably able to participate in the proceedings. 2. The Tenant’s request is based on the ground of being not reasonably able to participate in the proceedings. 3. The order under review was an order issued pursuant to s.77 of the Residential Tenancies Act, 2006 (the ‘Act’). It was properly an ex parte order. Ex parte orders are issued without notice to, or participation by, the other party. It was appropriate for the Tenant not to be given notice that this order would be issued and it was appropriate for there to be no hearing before this order was issued. I therefore cannot find that the Tenant was not reasonably able to participate in the proceedings. The Tenant had no legal right to participate in the proceedings that resulted in the ex parte order. Order Page 1 of 2  File Number: LTB-L-035504-23-RV 4. In their review request, the Tenant appears to argue the validity of the agreement to terminate the tenancy. 5. If the Tenant disagrees with the order, the Tenant may wish to file a motion to set aside. Given the above, the request to review must be denied. 2023 ONLTB 44303 (CanLII) It is ordered that: 1. The request to review order LTB-L-035504-23 issued on May 24, 2023 is denied. The order is confirmed and remains unchanged. June 8, 2023 Date Issued Dana Wren Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 2 of 2